A.
This article regulates and limits the continued existence of uses,
structures, lots, and all accessory uses and structures established
prior to the effective date of this chapter that do not conform to
the regulations set forth by this chapter in the applicable zoning
districts in which such nonconformities are located. Such nonconforming
uses, buildings, or lots are subject with the regulations set forth
in this article for the purposes of the following:
(1)
To permit these nonconformities to continue, but to minimize
any adverse effect on adjoining properties and development.
(2)
To regulate their maintenance and repair.
(3)
To restrict their rebuilding if substantially destroyed.
(4)
To require their permanent discontinuance if not operated for
certain periods.
(5)
To require the conformity if they are discontinued, and to bring
about the eventual compliance with the objectives of the City's Comprehensive
Plan and this chapter.
A.
All uses, lots, buildings and structures legally established at the
time of the enactment of this chapter may be continued as nonconforming
should they fail to conform to the provisions of this chapter.
B.
Normal maintenance and repair of a nonconforming building or building
occupied by a nonconforming use are permitted if they do not extend
the nonconforming use. No structural alteration or enlargement shall
be made except where required by law (i.e., court order).
C.
A building, use or occupancy lawfully existing at the time this chapter
or any amendment thereto becomes effective but which does not conform
to the off-street parking and loading requirements shall be brought
into compliance within two years of the enactment of this chapter.
D.
If an existing building, use or occupancy is altered so that there
is an increase in the number of dwelling units, seating capacity,
employees or floor area, or if the use is changed to one requiring
more off-street parking and loading spaces, the number of such spaces
shall be provided at least equal to the number required for the increased
area of the building or use in accordance with all provisions of this
chapter.
E.
No parcel or lot, after the adoption of this chapter or amendment
thereto, shall be used or divided in a manner which prevents or diminishes
compliance with the requirements established by this chapter or amendments
thereto.
F.
Lots subdivided prior to the adoption of this chapter or any amendment
and not meeting the minimum lot size requirements may be built upon,
provided that the bulk requirements for any use within the district
are met except as provided in this chapter.
A.
No unlawful lot, building, use or structure existing at the time
of the enactment of this chapter shall be deemed a nonconforming use,
lot, building or structure. Such matters are not entitled to any of
the protections granted by this chapter.
A.
A nonconforming building or structure may be altered or renovated
if such alteration or renovation does not increase its degree of nonconformity.
A.
Any nonconforming building or structure damaged by a cause other
than the voluntary act of the owner may be rebuilt or restored to
its original condition prior to such damage. The rebuilding or restoration
must be commenced within 12 months after the date of damage. If the
restoration or rebuilding is not commenced within 12 months, the nonconforming
rights are terminated.
A.
Extension or enlargement of a nonconforming use shall mean:
(1)
The enlargement of a building so as to create additional floor
space.
(2)
The extension within any existing building to any portion of
the floor area not formerly used for such nonconforming use, except
where such additional floor area was manifestly designed for such
use at the time such use became nonconforming.
(3)
The extension of the use to any area outside of the building.
(4)
In the case of a nonconforming, nonbuilding land use, the use
of any additional land on which no substantial operations were previously
conducted, provided that any such extension or enlargement is on the
same lot occupied by the nonconforming use on the effective date of
this chapter.
(5)
An accessory building(s) to a legally existing nonconforming
residential use, in a nonresidential zoning district, is permitted
by right, provided that the accessory building(s) meets the minimum
side/rear yard requirement for the district in which the property
is located and provided that the accessory building complies with
all other requirements for such buildings.
B.
No nonconforming use may be expanded into any building or lot, or
portions thereof, not used for such uses on the day of the enactment
of this chapter. However, a nonconforming use may be extended throughout
any parts of a building or lot which were manifestly arranged or designed
for such use at the time of the enactment of this chapter.
A.
Any nonconforming use interrupted by a cause other than the voluntary
act of the owner may be resumed. The resumption must commence within
12 months after the date of interruption. If the resumption is not
commenced within 12 months, the nonconforming use rights are terminated.
A.
Whenever a nonconforming use has been discontinued, such use shall
not thereafter be reestablished, and any future use shall be in conformity
with the provisions of this chapter. A use shall be deemed to have
been discontinued under any of the following circumstances:
(1)
The vacancy of a building occupied by a nonconforming use for
a continuous period of six months, except that if during said six-month
period any person interested in said building as a mortgage holder
commences or is a party to any legal proceeding involving legal title
to or an interest in said building, said period of continuous vacancy
may be up to one year. Any person so interested who is prevented,
by circumstances beyond their control, from concluding such legal
proceeding within said one-year period shall be entitled to a time
extension from the Zoning Officer upon the recommendation of the Zoning
Board of Appeals in thirty-day periods and no more than one additional
year to conclude such legal proceeding.
(2)
The vacancy of unimproved land occupied by a nonconforming use
for a period of six months.
A.
Once changed to a conforming use, no building, lot or structure except
by operation of law (zoning variance) may be permitted to revert to
a nonconforming use.
